Community Engagement Obligations and draft large land holdings guidance under the Land Reform (Scotland) Act 2025– Consultation paper
This consultation seeks your views to inform the development of secondary legislation and guidance to implement community engagement obligations introduced by the Land Reform (Scotland) Act 2025, and guidance on what constitutes a large land holding.
Open
98 days to respond
Respond online
Worked Example
1: Mairi checks if she has a large land holding
In this worked example, Mairi is trying to confirm if she has a large land holding.
Step 1: Making a list of owned land
First, Mairi makes a list of the land she owns.
| Land | Ownership |
|---|---|
| Area A | Mairi |
| Area B | Mairi |
| Area C | Mairi |
| Area D | Mairi and Aisha |
| Area E | Mairi and Aisha |
| Area F | Trust ABC (where Mairi is a trustee) |
Step 2: Check which areas of land are close together
Mairi consults the boundary information for her land and makes a note of distances between the different areas:
| Land | Ownership | Distance from other land |
|---|---|---|
| Area A | Mairi | Within 250m of Area C and D |
| Area B | Mairi | Within 250m of Area C |
| Area C | Mairi | Within 250m of Area A and B |
| Area D | Mairi and Aisha | Within 250m of Area A and F |
| Area E | Mairi and Aisha | More than 250m away from all other areas |
| Area F | Trust ABC (where Mairi is a trustee) | Within 250m of Area A, B, C and D |
Mairi’s conclusions:
- A, B, C, D and F are all contiguous with at least one other area
- E is not contiguous with any of the other land
Step 3: Group land into holdings
Mairi would consider the information from step 1 and 2 and use this to group land into single holdings.
| Single Holding | Made up of |
|---|---|
| Single Holding ABC | Area A, B and C |
| Single Holding D | Area D |
| Single Holding E | Area E |
| Single Holding F | Area F |
Mairi’s conclusions:
- A, B and C have the same owner (Mairi) and form a contiguous area
- D and E have the same owners (Mairi and Aisha) but are not contiguous with each other
- There are no other areas with the same ownership as F so it can’t be combined with anything else
Step 4: Check if single holdings can be combined
| Single Holding | Ownership | Contiguous with another single holding? |
|---|---|---|
| Single Holding ABC | Mairi | Yes |
| Single Holding D | Mairi and Aisha | Yes |
| Single Holding E | Mairi and Aisha | No |
| Single Holding F | Trust ABC (Mairi is trustee) | Yes |
Mairi’s conclusions:
- Mairi is an owner of all four single holdings.
- All single holdings except Single Holding E are contiguous.
- They can be grouped together into Composite Holding ABCDF.
Step 5: Check connections to other people or organisations
As Mairi is associated with organisations which own land, she seeks appropriate advice.
Mairi’s conclusions:
- she is connected to Company Green (a company she controls).
- She is also connected to LLP Yellow (a partnership she controls)
- Mairi now knows she must check if any land owned by these connected entities is close to Composite Holding ABCDF.
Step 6: Adding land owned by connected persons
Mairi would consider the connections she identified at step 5 and make a list of land they own. She would check if any land owned by these connections is contiguous with the composite holding that she identified at Step 4.
| Connection | Land owned | Contiguous? |
|---|---|---|
| Company Green | None | n/a |
| LLP Yellow | Area H | Yes |
| LLP Yellow | Area I | No |
Mairi’s conclusions:
- Area H meets both tests:
- It is owned by a company connected to Mairi
- It is contiguous (within 250 metres of the composite holding)
- Area H is added to the composite holding – which becomes Composite Holding ABCDFH
Step 7: Repeating for nearby land
Mairi checks her list of land owned by connections again to see if any of it is close enough to the new composite holding.
Area I is still not contiguous, so the final composite holding is made up of holdings ABCDFH.
Step 8: Adding up the total area
To check the area of composite holding ABCDFH, Mairi adds up the sizes of all of the land within it.
| Land | Size |
|---|---|
| Area A | 400 hectares |
| Area B | 100 hectares |
| Area C | 20 hectares |
| Area D | 150 hectares |
| Area F | 200 hectares |
| Area H | 300 hectares |
| Composite ABCDFH | 1,170 hectares |
Mairi’s conclusions:
- The composite holding is 1,170 hectares.
- Because this is more than 1,000 hectares, Mairi has a large land holding.